In addition to an active litigation practice, I also have an active mediation practice and am certified by the Florida Supreme Court as a Circuit Civil Mediator (certification # 32893 R). Click here for my mediator’s pledge.

I’ve found the MEAC opinions to be a valuable resource in my mediation practice, and would recommend them to anyone who professionally mediates in this state. To that end, below is my summary of the MEAC opinions for 2015. Each summary is hyper-linked to a copy of the original source document.

Certified mediators do not have the authority to ban use of laptop devices or tablets during mediation. Decisions regarding the reason for and the use of these devices are decisions for the parties to make unless there is a court order to the contrary.

Unless there is a local court rule, court order or administrative order requiring a mediator to identify the parties or participants who appeared for mediation, the mediator may, but is not required to do so.

The Florida Rules for Certified and Court-Appointed Mediators do not contain a prohibition against a mediator serving as an arbitrator in a case the mediator previously mediated. The mediator must ensure the parties have a complete understanding of how the mediator’s role will change and they must waive the conflict of interest and confidentiality of the mediation.

The verbal discussion in the scenario presented satisfies the requirements of rule 10.420(c), Florida Rules for Certified and Court-Appointed Mediators. The rule does not require the mediator to write something regarding the terms of the agreement prior to the close of the mediation session if the parties have agreed who will memorialize the agreement and the process for its formalization. The Committee Note to rule 10.420

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About the Author

Juan C. Antúnez is a partner with Stokes McMillan Antúnez P.A., a boutique trusts and estates law firm located in Miami, Florida. Trusts and estates litigation, probate administration and estate planning is all he does as a lawyer.
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Annual Survey of Florida Trusts and Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

Annual Survey of Florida Mediator Ethics Opinions

This is my running list of mediator ethics opinions published since 2012 by the Florida Supreme Court’s Mediator Ethics Advisory Committee (MEAC). Each MEAC opinion is summarized and hyper-linked to the committee’s original source documentation.

About Our Firm

Stokes McMillan Antúnez P.A. is a full service Florida trusts and estates law firm. We offer clients individually tailored estate planning advice that leverages their ability to transfer wealth to future generations while minimizing taxes, risk of loss and family acrimony. We have extensive experience representing individuals, banks and trust companies serving as trustees and personal representatives of Florida trusts and estates. Finally, our collaborative team of litigation, tax, and trusts and estates professionals regularly represents clients in trust and estate matters, both contested and uncontested. We welcome the opportunity to discuss your needs, our qualifications, staffing approaches and fee structures with respect to estate planning, trust and estate administration, and trust and estate litigation.